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Old 02-21-2013, 11:22 AM   #1  
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Question Could FedEx Express IMPOSE PBS?

Is it possible?


A question for all you sea lawyers and RLA experts:

Could FedEx Express impose a set of work rules which includes a Preferential Bidding System?


If no, why not?

If yes, please describe the scenario.






.
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Old 02-21-2013, 11:35 AM   #2  
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Quote:
Originally Posted by TonyC View Post
Is it possible?


A question for all you sea lawyers and RLA experts:

Could FedEx Express impose a set of work rules which includes a Preferential Bidding System?


If no, why not?

If yes, please describe the scenario.






.
No.

Because bidding is addressed in your collective bargaining agreement.
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Old 02-21-2013, 12:33 PM   #3  
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I guess it depends on how strong our grievance team is and who was the arbitrator.
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Old 02-21-2013, 12:37 PM   #4  
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Quote:
Originally Posted by TonyC View Post
Is it possible?


A question for all you sea lawyers and RLA experts:

Could FedEx Express impose a set of work rules which includes a Preferential Bidding System?


If no, why not?

If yes, please describe the scenario.






.
Why ask this question? How about your thoughts on whether it could or could not be imposed?

Regards,
Clutch
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Old 02-21-2013, 01:50 PM   #5  
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"If" the imposed PBS, would it be acting outside of Section 6 negotiations? Could we strike?
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Old 02-21-2013, 01:51 PM   #6  
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Tony, you can't drop that grenade without giving your doomsday scenario...
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Old 02-21-2013, 02:06 PM   #7  
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Off the top of my head, I can think of 3 scenarios where the company could possibly impose PBS...

...But I think it's unwise to present management with suggestions in this forum.


Quote:
Originally Posted by TonyC View Post
Is it possible?


A question for all you sea lawyers and RLA experts:

Could FedEx Express impose a set of work rules which includes a Preferential Bidding System?


If no, why not?

If yes, please describe the scenario.






.
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Old 02-21-2013, 02:22 PM   #8  
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I think this is more of a question of how well you know the RLA. And I don't know it well enough, but it seems to me that if the Company made PBS (or anything else) as part of their final offer, then at the conclusion of the 30 day "cooling off" period, we are free to withhold our services and they are free to implement their final offer. Until then, can't happen.

Maybe...

MG2
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Old 02-21-2013, 02:23 PM   #9  
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Tony,

It depends on what you are asking.....

Could the Company impose it.....sure, then they would have to defend their actions to an Arbitrator.....unilaterally imposing terms would not hold up; however, the damage may be done if they go this route. The more senior folks may get such cherry schedules that they don't want to go back....or it may wet the appetites of enough folks that they demand it.....(hey, we are talking about possibilities here....!!)

Or, is your question more along the lines of will we end up with PBS? If thats it....I think there is a fair chance we may end up with a form of it. My scenario revolves around the Company's opening position (which, in my opinion, was tactically superb!) Their entire opening position revolves around PBS. They will have to abandon their entire position and start from scratch to get rid of PBS. As you well know, an Arbitrator is very unlikely to get involved until there are only a few minor differences remaining between the parties.....that will never be the case as long as we maintain our "No PBS" stance. When it does make it to Arbitration the Company has a solid claim that "Everyone else is doing it and we need it to be competitive". Wasn't the Union saying that the Arbitrators told us they loved our "Interim" approach and that we shouldn't expect much help from them as we are far better off than our peers at the Pax carriers?? Knowing that, and the fact that both the RLA and the NMB are designed to protect commerce (and not necessarily us....the labor) I think the company has a fairly good shot at prevailing in an Arbitration under this scenario.....

I don't think we would ever get released to self help....and that an imposition of terms by Congress or the President (I forget the actual mechanism and sequence here) is more likely .....by far......than self help. Again, the Company's argument that everyone else has it and we need it is both truthful and believable and will probably carry the day, not to mention the fact that FedEx donates a lot more money than the combined ALPA PAC.....

As much as I am opposed to PBS, I think we are in for a terrific fight here....or we may get the old switcheroo and get handed a second opener that makes PBS look like a sweetheart deal !!

Either way, we need UNITY, and I don't mean just wearing a lanyard !! I hope we are able to find it.......
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Old 02-21-2013, 02:31 PM   #10  
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Quote:
Originally Posted by TonyC View Post
Is it possible?


A question for all you sea lawyers and RLA experts:

Could FedEx Express impose a set of work rules which includes a Preferential Bidding System?


If no, why not?

If yes, please describe the scenario.






.
Is this the TonyC way of educating the masses? If we ever got to self help, then yes it could be imposed.

Q: What does "status quo" mean? A: "Status quo" is used to describe the terms of the contract in place at the beginning of direct negotiations. During direct negotiations, mediated negotiations, and any cooling off periods after mediated negotiations, neither party may violate the status quo by making unilateral changes in wages, benefits, or working conditions.

Q: What if no agreement is reached during the 30-day cooling off period? A: If no agreement is reached by the end of the 30-day cooling off period, the parties are free to exercise "self-help." This means that the Union is free to strike or engage in other activity, and the Carrier is free to impose its last best offer or temporarily cease operations or engage in other self-help activity, unless a PEB is created.
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